Quality control in products liability

Abstract

The purpose of this paper is to describe the functions of the task called and its relationship to the legal fraternity. It is important for the attorney to understand the functions of the specialist so that the development of a Products Liability case can be concluded in favor of the client. Quality Control is a term often used and seldom understood. The reason for the lack of understanding is that the job function varies among products, plants, individuals and managerial or corporate goals. Every seller of product aims at producing a profit at the lowest possible investment. Some firms take more pride in their product and opt for profit over the long term while others want immediate profit and do not care even if they are in business a few years hence. This philosophy is established by Management with which all employees must cope. It is, therefore, a virtual impossibility to establish a single job description that is applicable to a majority of organizations. The relationship between Quality Control and Products Liability is seen by the legal profession through different colored glasses than the view obtained by the Quality Control (QC) professional. The QC professional is not trained in the details of the different pleadings; such as, strict liability in tort, negligence, res ipsa loquitur, express warranty, or implied warranty. He is also not particularly concerned as his job is to prevent defects of product reaching the customer. He is not concerned about the choice of venue or the difference between various jurisdictions and why certain rules are applicable in the different courts. He is concerned about responding to interrogatories and being deposed. Most of us are introverts, while the practicing trial attorney is an extrovert. Since the QC professional has a prime function of preventing dejects, he is concerned with the product before the accident where the theories of liability, the forum, or the details of 402At are not yet at bar. These usually come after the accident when the plaintiff attorney prepares his case. In considering the QC professional's duties before the accident, it was decided to describe how he would prepare to defend a products liability case.